- 7 - petitioner’s lawsuit. Petitioner alleged in “The Facts” that “First City [Bank] wrongfully demanded, and received, payment of $2,500,000, under * * * [Gnat Robot Corp.’s] letter of credit, and thereby triggered a sequence of events that deprived * * * [petitioner] of his ownership rights in * * * [Modern World] but left him indebted to third parties based on guarantees directly related to those ownership rights that were lost”. On the basis of “The Facts”, in Count I, petitioner alleged that when First City Bank demanded payment on the letter of credit, it warranted to all interested parties that $2.5 million was due and payable by Modern World. Petitioner further alleged that the $2.5 million was not due and payable and that therefore First City Bank’s improper demand caused petitioner to lose his equity interest in Modern World. As to Count II, he alleged that First City Bank violated certain provisions of the “Texas Deceptive Trade Practices - Consumer Protection Act”, that First City Bank breached its warranty made to petitioner, and that First City Bank “engaged in an unconscionable course of action”. In Count III, petitioner contended that First City Bank’s interference with petitioner’s contractual relationship with Gnat Robot Corp. caused damages to petitioner, including the loss of his equity rights in Modern World. In Count IV, petitioner alleged that First City Bank and Mr. White entered into a conspiracy to place Modern World in bankruptcy proceedings fromPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
Last modified: May 25, 2011